Terms of Use

1. Contractual Relationship; Termination; and Modification

2. Arbitration Agreement

3. The Services

4. Third-Party Services (including Autonomous Vehicles) and Content

5. Accessing the Services

6. User Conduct and Requirements; Communications; and User Content

7. Payment

8. Disclaimers; Limitation of Liability; and Indemnity

9. Other Provisions

IMPORTANT: PLEASE BE ADVISED THAT BY AGREEING TO THESE TERMS YOU

ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND WAIVING
YOUR RIGHT TO HAVE A JURY TRIAL ON YOUR CLAIMS.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN

PROVISIONS THAT GOVERN HOW YOU CAN BRING CLAIMS BETWEEN YOU AND
UBER, INCLUDING THE ARBITRATION AGREEMENT IN SECTION 2 BELOW. THE
ARBITRATION AGREEMENT REQUIRES YOU TO RESOLVE ALL DISPUTES WITH
UBER ON AN INDIVIDUAL BASIS AND, WITH LIMITED EXCEPTIONS, THROUGH
FINAL AND BINDING ARBITRATION. THESE TERMS OF SERVICE OUTLINE HOW
SUCH CLAIMS ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS
THAT AROSE OR WERE ASSERTED BEFORE THE EFFECTIVE DATE OF THESE
TERMS OF SERVICE. BY AGREEING TO THESE TERMS OF SERVICE, YOU
EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD ALL OF
THEM AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS
IMPORTANT DECISION.

These Terms of Service (“Terms of Service”) constitute a legally binding agreement between
you and Uber Technologies, Inc. and its subsidiaries, representatives, affiliates, officers and
directors (collectively, “Uber”) governing your use of Uber’s personalized, multipurpose, digital
marketplace platform (“Uber Marketplace Platform”) and any related content or services,
including but not limited to mobile and/or web-based applications (“Applications” or the “Uber
App,” and together with the Uber Marketplace Platform, the “Services”).

Notwithstanding the foregoing, if you choose, now or in the future, to provide transportation
(e.g., ride-hailing, ridesharing and commercial transportation), logistics (e.g., freight), delivery
(e.g., food, packages, and other goods) and other services (collectively, “Third-Party Services”),
these Terms of Service do not supersede or otherwise impact the enforceability of any
agreements you may have with Uber or its subsidiaries regarding such Third-Party Services (e.g.,
the Platform Access Agreement, the Technology Services Agreement and/or any similar
agreements). To the extent (but only to the extent) any agreement you may have with Uber
regarding Third-Party Services you provide conflicts with these Terms of Service, those
agreements (and not these Terms of Service) will prevail with respect to any disputes arising
from your provision of Third-Party Services; otherwise, any relevant provisions in these Terms
of Service apply.

1. Contractual Relationship; Termination; and Modification

In addition to these Terms of Service, your access to, and use of the Services is also governed by
the applicable terms found on our website. These include but are not limited to: the Privacy
Notice, which describes how we collect, use, and disclose your personal information; the User
Generated Content Terms; Community Guidelines; Referral Policies; the ADT Mobile Security
Monitoring Terms and Uber’s other applicable Uber standards and policies (including, without
limitation, Uber’s safety standards, the accessibility policies, and the U.S. Service Animal
Policy), which we refer to collectively as the “Supplemental Terms.”

Collectively, we refer to these Terms of Service and the Supplemental Terms as the “Terms.”
These Terms govern your access or use, from within the United States and its territories and
possessions, of the Services made available in the United States and its territories and
possessions (the “Territory”). If you use the Services in another country, you agree to be subject
to Uber’s terms of service for that country. In these Terms, the words “including” and "include”
mean “including, but not limited to.”

By accessing or using the Services, you confirm your agreement to be bound by these Terms. If
you do not agree to these Terms, do not access or use the Services.

Termination.

Uber, in its sole discretion, may immediately terminate these Terms or any Services with respect
to you, or generally cease offering or deny access to the Services or any portion thereof, at any
time for any reason.

Modification.

Uber reserves the right to modify these Terms or its policies relating to the Services at any time,
effective upon posting of an updated version of these Terms through the Services or Uber’s
website. You should regularly review these Terms, as your continued use of the Services after
any such changes constitutes your agreement to such changes.

2. Arbitration Agreement

By agreeing to these Terms, you agree that you are required to resolve any claim that you may
have against Uber on an individual basis in binding arbitration as set forth in this Arbitration
Agreement, and not as a class, collective, coordinated, consolidated, mass and/or representative
action. Binding arbitration is a procedure in which a dispute is submitted to one or more
arbitrators who make a binding decision on the dispute. In choosing binding arbitration, you and
Uber are opting for a private dispute resolution procedure where you agree to accept the
arbitrator’s decision as final instead of going to court. You and Uber are each waiving your right
to a jury trial.

This Arbitration Agreement will preclude you from bringing any class, collective, coordinated,
consolidated, mass, and/or representative action against Uber, and also preclude you from
participating in or recovering relief in any current or future class, collective, coordinated,
consolidated, mass and/or representative action brought against Uber by someone else—except
as provided below in Section 2(a)(3)(c). Thus, the parties agree that the Arbitrator shall not
conduct any form of class, collective, coordinated, consolidated, mass, and/or representative
arbitration, nor join, coordinate, or consolidate claims of multiple individuals against Uber in a
single proceeding—except as provided below in Section 2(a)(3)(c). For the avoidance of doubt,
except as provided below in Section 2(a)(3)(c), this Arbitration Agreement precludes you from
bringing or participating in any kind of class, collective, coordinated, consolidated, mass, and/or
representative or other kind of group, multi-plaintiff or joint action against Uber, other than
participating in a classwide, collective, coordinated, consolidated, mass, and/or representative
settlement of claims.

(a) Agreement to Binding Arbitration Between You and Uber.

(1) Covered Disputes: Except as expressly provided below in Section 2(b), you and Uber agree
that any dispute, claim, or controversy in any way arising out of or relating to (i) these Terms and
prior versions of these Terms, or the existence, breach, termination, enforcement, interpretation,
scope, waiver, or validity thereof; (ii) your access to or use of the Services at any time; (iii)
incidents or accidents resulting in personal injury or death to you or anyone else that you allege
occurred in connection with your use of the Services (including, but not limited to, your use of
the Uber Marketplace Platform or the driver version of the Uber App), regardless of whether the
dispute, claim, or controversy occurred or accrued before or after the date you agreed to these
Terms, and regardless of whether you allege that the personal injury or death was experienced by
you or anyone else; and (iv) your relationship with Uber, will be settled by binding individual
arbitration between you and Uber, and not in a court of law. This Arbitration Agreement survives
after your relationship with Uber ends.

(2) Class Action Waiver: Any and all disputes, claims, or controversies between the parties shall
be resolved only in individual arbitration. The parties expressly waive the right to have any
dispute, claim, or controversy brought, heard, administered, resolved, or arbitrated as a class,
collective, coordinated, consolidated, and/or representative action, and neither an arbitrator nor
an arbitration provider shall have any authority to hear, arbitrate, or administer any class,
collective, coordinated, consolidated, and/or representative action, or to award relief to anyone
but the individual in arbitration. The parties also expressly waive the right to seek, recover, or
obtain any non-individual relief. Notwithstanding anything else in this agreement, this Class
Action Waiver does not prevent you or Uber from participating in a classwide, collective, and/or
representative settlement of claims.

The parties further agree that if for any reason a claim does not proceed in arbitration, this Class
Action Waiver shall remain in effect, and a court may not preside over any action joining,
coordinating, or consolidating the claims of multiple individuals against Uber in a single
proceeding, except that this Class Action Waiver shall not prevent you or Uber from
participating in a classwide, collective, and/or representative settlement of claims. If there is a
final judicial determination that any portion of this Class Action Waiver is unenforceable or
unlawful for any reason, (i) any class, collective, coordinated, consolidated, and/or representative
claims subject to the unenforceable or unlawful portion(s) shall proceed in a court of competent
jurisdiction; (ii) the portion of the Class Action Waiver that is enforceable shall be enforced in
arbitration; (iii) the unenforceable or unlawful portion(s) shall be severed from this Arbitration
Agreement; and (iv) severance of the unenforceable or unlawful portion(s) shall have no impact
whatsoever on the enforceability, applicability, or validity of the Arbitration Agreement or the
arbitrability of any remaining claims asserted by you or Uber.

(3) Mass Actions:

a. Mass Action Waiver: Any and all disputes, claims, or controversies between the parties shall
be resolved only in individual arbitration. The parties expressly waive the right to have any
dispute, claim, or controversy brought, heard, administered, resolved, or arbitrated as a mass
action, and neither an arbitrator nor an arbitration provider shall have any authority to hear,
arbitrate, or administer any mass action or to award relief to anyone but the individual in
arbitration—except as provided below in Section 2(a)(3)(c). The parties also expressly waive the
right to seek, recover, or obtain any non-individual relief. The parties agree that the definition of
a “Mass Action” includes, but is not limited to, instances in which you or Uber are represented
by a law firm or collection of law firms that has filed 50 or more arbitration demands of a
substantially similar nature against the other party within 180 days of the arbitration demand
filed on your or Uber’s behalf, and the law firm or collection of law firms seeks to
simultaneously or collectively administer and/or arbitrate all the arbitration demands in the
aggregate. Notwithstanding anything else in this agreement, this Mass Action Waiver does not
prevent you or Uber from participating in a mass settlement of claims.

b. Dispute Procedure: Notwithstanding any provision to the contrary in the applicable arbitration
provider’s rules, the arbitrator shall be empowered to determine whether the party bringing any
claim has filed a Mass Action in violation of the Mass Action Waiver. Either party shall raise
with the arbitrator or arbitration provider such a dispute within 15 days of its arising. If such a
dispute arises before an arbitrator has been appointed, the parties agree that (i) a panel of three
arbitrators shall be appointed to resolve only disputes concerning whether the party bringing any
claim has filed a Mass Action in violation of the Mass Action Waiver. Each party shall select one
arbitrator from the arbitration provider’s roster to serve as a neutral arbitrator, and these
arbitrators shall appoint a third neutral arbitrator. If the parties’ arbitrators cannot agree on a third
arbitrator, the arbitration provider will select the third arbitrator; (ii) Uber shall pay any
administrative fees or costs incidental to the appointment of Arbitrators under this provision, as
well as any fees or costs that would not be incurred in a court proceeding, such as payment of the
fees of the arbitrators, as well as room rental; (iii) the arbitrators shall issue a written decision
with findings of fact and conclusions of law; and (iv) any further arbitration proceedings or
assessment of arbitration-related fees shall be stayed pending the arbitrators’ resolution of the
parties’ dispute. If the arbitrator or panel of arbitrators determines that you have violated the
Mass Action Waiver, the parties shall have the opportunity to opt out of arbitration within 30
days of the arbitrator’s or panel of arbitrator’s decision. You may opt out of arbitration by
providing written notice of your intention to opt out to the arbitration provider and to Uber
Technologies, Inc., Attn: Legal Department, 1725 3rd Street, San Francisco, CA 94158 via
USPS Priority Mail or hand delivery. This written notice must be signed by you, and not any
attorney, agent, or other representative of yours. Uber may opt out of arbitration by sending
written notice of its intention to opt out to the arbitration provider and to you or your attorney,
agent, or representative if you are represented. For the avoidance of doubt, the ability to opt out
of arbitration described in this Section 2(a)(3)(b) only applies if the arbitrator or panel of
arbitrators determines that you have violated the Mass Action Waiver. If the parties proceed with
arbitration, the parties agree that arbitrations will be batched as provided in Section 2(a)(3)
(c) below.

c. Batching:

i. To increase efficiency of resolution in the event a Mass Action is filed and neither party
exercises its right to opt out of arbitration pursuant to Section 2(a)(3)(b) above, the following
procedure shall apply. At the request of either party, an arbitrator shall be selected according to
the applicable arbitration provider’s rules to act as a special master (“Special Master”) to resolve
threshold disputes regarding the propriety of some or all the arbitration demands submitted in the
Mass Action (“Mass Arbitration Demands”). These threshold disputes may include, but are not
limited to:

1. Any dispute regarding filing fees owed with respect to the Mass Arbitration Demands,
including whether claimants have submitted valid fee waivers;

2. Any dispute regarding whether the applicable arbitration provider has complied with the
Arbitration Agreement with respect to processing and administering the Mass
Arbitration Demands;

3. Any dispute regarding whether the Mass Arbitration Demands meet the requirements set forth
in Section 2(d) below;

4. Whether claimants are barred from proceeding with their claims based on a prior settlement
agreement, violation of these Terms, or expiration of the statute of limitations;

5. Any dispute relating to representation of the same claimant by multiple law firms;
6. Any dispute regarding whether the Mass Arbitration Demands were filed with the correct
arbitration provider;

7. Any dispute regarding discovery common to all claims; and

8. Any disputes regarding legal or factual issues common to all claims.

Any such request shall be made within 15 days following the expiration of the opt-out period
described in Section 2(a)(3)(b), and may be made by providing written notice to the arbitration
provider. Upon the request of either party to appoint a Special Master to resolve the foregoing
issues, the applicable arbitration provider shall refrain from further processing any of the Mass
Arbitration Demands to which a dispute has been raised. No further payment for filing fees,
administrative costs, or arbitrator fees shall be deemed due with respect to any of the Mass
Arbitration Demands as to which a dispute has been raised until after the dispute(s) has/have
been resolved by the Special Master. Uber shall be responsible for the applicable arbitration
provider’s and Special Master’s fees and costs related to the proceedings before the
Special Master.

A Special Master appointed pursuant to this procedure shall have no authority to

consolidate cases.

ii. After proceedings before the Special Master have concluded, to the extent any of the Mass
Arbitration Demands are permitted to proceed, the parties shall group the Mass Arbitration
Demands into batches of no more than 100 demands per batch by state of residence, and then
alphabetically by last name (plus, to the extent there are less than 100 arbitration demands left
over after the batching described above, a final batch consisting of the remaining demands), and
shall inform the arbitration provider of the batches and their compositions within 14 days of the
conclusion of proceedings before the Special Master. The arbitration provider shall treat each
batch of claims as one case, with each case having one demand for arbitration, one appointed
arbitrator, and one set of administrative documents and administrative and filing fees per batch.
The parties shall randomly assign sequential numbers to each batch, and only one batch shall
proceed to arbitration at a time in the order of the random sequential numbers. A separate
arbitrator will be appointed to, and administrative and filing fees assessed for, each batch as the
batch proceeds to arbitration. You agree to cooperate in good faith with Uber and the arbitration
provider to implement such a batch approach to resolution and fees. Nothing in this provision
shall be construed as limiting the right to object that the filing or presentation of multiple
arbitration demands by or with the assistance of the same law firm or organization violates any
term of this Agreement.

iii. If any Mass Arbitration Demands were originally processed as individual arbitration demands
before this batching procedure was commenced, further proceedings, including the assessment of
further arbitration filing or administration fees to either party shall be governed by the
procedures set forth in this Section 2(a)(3).

(4) Delegation Clause: Only an arbitrator, and not any federal, state, or local court or agency,
shall have exclusive authority to resolve any dispute arising out of or relating to the
interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including
without limitation any claim that all or any part of this Arbitration Agreement is void or
voidable. An arbitrator shall also have exclusive authority to resolve all threshold arbitrability
issues, including issues relating to whether these Terms are applicable, unconscionable, or
illusory and any defense to arbitration, including without limitation waiver, delay, laches, or
estoppel. However, only a court of competent jurisdiction, and not an arbitrator, shall have the
exclusive authority to resolve any and all disputes arising out of or relating to the Class Action
Waiver and Mass Action Waiver, including, but not limited to, any claim that all or part of the
Class Action Waiver and/or Mass Action Waiver is unenforceable, unconscionable, illegal, void,
or voidable—except that, as stated and pursuant to the procedures provided in Section 2(a)(3)(b),
an arbitrator or panel of arbitrators shall have authority to determine whether the party bringing
any claim has violated the Mass Action Waiver.

(5) Application to Third Parties: This Arbitration Agreement shall be binding upon, and shall
include any claims brought by or against any third parties, including but not limited to your
spouse, domestic partner, heirs, estate, third-party beneficiaries and assigns, where their
underlying claims arise out of or relate to your use of the Services. To the extent that any third-
party beneficiary to this agreement brings claims against the Parties, those claims shall also be
subject to this Arbitration Agreement.

(b) Exceptions to Arbitration.

Notwithstanding the foregoing, this Arbitration Agreement shall not require arbitration of the
following claims: (i) individual claims brought in small claims court so long as the matter
remains in such court and advances only on an individual basis; (ii) individual claims of sexual
assault or sexual harassment occurring in connection with your use of the Services; and/or (iii)
injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or
threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade
secrets, patents, or other intellectual property rights.

Such claims may be brought and litigated in a court of competent jurisdiction by you on an
individual basis only. On an individual basis means that you cannot bring such claims as a class,
collective, coordinated, consolidated, mass, and/or representative action against Uber. For the
avoidance of doubt, this precludes you from bringing claims as or participating in any kind of
any class, collective, coordinated, consolidated, mass, and/or representative or other kind of
group, multi-plaintiff, or joint action against Uber and no action brought by you may be
consolidated or joined in any fashion with any other proceeding. Where your claims are brought
and litigated to completion on such an individual basis in a court of competent jurisdiction, Uber
agrees to honor your election.

The parties’ agreement not to require arbitration in these limited instances does not waive the
enforceability of this Arbitration Agreement as to any other provision (including, but not limited
to, the waivers provided for in Section 2(a), which will continue to apply in court as well as in
arbitration), or the enforceability of this Arbitration Agreement as to any other controversy,
claim, or dispute.
(c) Rules and Governing Law.

For disputes arising in California, the arbitration will be administered by ADR Services, Inc.
(“ADR”) in accordance with ADR’s Arbitration Rules (the “ADR Rules”) in effect at the time
that the claim is brought, unless the parties agree otherwise in writing. The ADR Rules are
available at [Link] or by searching for “ADR Arbitration Rules” using a search
engine such as [Link]. The arbitration shall be heard by one arbitrator (the
“Arbitrator”) selected in accordance with the ADR Rules.

For disputes arising outside of California (or for disputes arising in California only if ADR
cannot or will not administer the arbitration), the parties shall be required to meet and confer to
select a neutral arbitration provider. Such an arbitration provider shall have operations in the
state in which the dispute arises. If the parties are unable to mutually agree upon an arbitration
provider, then either party may invoke 9 U.S.C. § 5 to request that a court of competent
jurisdiction appoint an arbitration provider with operations in the state in which the dispute
arises. Any arbitration provider appointed by a court under 9 U.S.C. § 5 shall conduct arbitration
solely on an individualized basis as set forth in this Section 2. Once the parties mutually agree
upon a neutral arbitration provider, or an arbitrator provider is appointed under 9 U.S.C. § 5, the
ensuing arbitration shall commence pursuant to the rules of the designated arbitration provider,
except as designated herein. Once an arbitration provider is agreed upon or appointed, an
Arbitrator shall be appointed. The Arbitrator will be either (1) a retired judge or (2) an attorney
licensed to practice law in the state where the arbitration is conducted with experience in the law
underlying the dispute. The Arbitrator will be selected by the parties from the applicable
arbitration provider’s roster of arbitrators. If the parties are unable to agree upon an Arbitrator
after a good faith meet and confer effort, then the applicable arbitration provider will appoint the
Arbitrator in accordance with its rules.

Notwithstanding any choice of law or other provision in these Terms, the parties agree and
acknowledge that this Arbitration Agreement evidences a transaction involving interstate
commerce and that the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (“FAA”), will govern its
interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties to
be bound by the provisions of the FAA for all purposes, including, but not limited to,
interpretation, implementation, enforcement, and administration of this Arbitration Agreement,
and that the FAA and the applicable arbitration provider’s rules shall preempt all state laws to the
fullest extent permitted by law. All statutes of limitations that would otherwise be applicable will
apply to any arbitration proceeding. If the FAA and applicable arbitration provider’s rules are
found to not apply to any issue regarding the interpretation or enforcement of this Arbitration
Agreement, then that issue shall be resolved under the laws of the state where you reside when
you accept these Terms.

Any dispute, claim, or controversy arising out of or relating to incidents or accidents resulting in
personal injury (including but not limited to sexual assault or harassment claims) or death that
you allege occurred in connection with your use of the Services, whether before or after the date
you agreed to the Terms, shall be governed by and construed in accordance with the laws of the
state in which the incident or accident occurred.
(d) Process.

Pre-Arbitration Dispute Resolution and Notification. The parties agree that good-faith informal
efforts to resolve disputes often can result in a prompt, low-cost, and mutually beneficial
outcome. The parties therefore agree that, before either party demands arbitration against the
other, we will personally meet and confer, via telephone or videoconference, in a good-faith
effort to resolve informally any claim covered by this Arbitration Agreement. Multiple
individuals initiating claims cannot participate in the same informal telephonic dispute resolution
conference. If you are represented by counsel, your counsel may participate in the conference,
but you shall also fully participate in the conference. The party initiating the claim must give
notice to the other party in writing of their intent to initiate an informal dispute resolution
conference, which shall occur within 60 days after the other party receives such notice, unless an
extension is mutually agreed upon by the parties. To notify Uber that you intend to initiate an
informal dispute resolution conference, write to Uber Technologies, Inc., Attn: Legal
Department, 1725 3rd Street, San Francisco, CA 94158, providing your name, the telephone
number(s) associated with your Uber account (if any), the email address(es) associated with your
Uber account, and a description of your claim. Engaging in an informal dispute resolution
conference is a condition precedent that must be fulfilled before commencing arbitration, and the
Arbitrator shall dismiss any arbitration demand filed before completion of an informal dispute
resolution conference. The statute of limitations and any filing fee deadlines shall be tolled while
the parties engage in the informal dispute resolution process required by this paragraph.

Initiating Arbitration. In order to initiate arbitration following the conclusion of the informal
dispute resolution process required by this Section, a party must provide the other party with a
written demand for arbitration and file the demand with the applicable arbitration provider, as
determined by Section 2(c). A party initiating an arbitration against Uber must send the written
demand for arbitration to Uber Technologies, Inc., LLC, Attn: Legal Department, 1725 3rd
Street, San Francisco, CA 94158, or serve the Demand on Uber’s registered agent for service of
process, c/o Uber Technologies, Inc. (the name and current contact information for the registered
agent in each state are available online here). Additionally, a party initiating arbitration against
Uber must send an electronic version of the demand for arbitration to the Arbitration Provider,
and must send an electronic version of the as-filed demand to filed-arbitration-
demands@[Link].

By signing the demand for arbitration, counsel certifies to the best of counsel’s knowledge,
information, and belief, formed after an inquiry reasonable under the circumstances, that (i) the
demand for arbitration is not being presented for any improper purpose, such as to harass, cause
unnecessary delay, or needlessly increase the cost of dispute resolution; (ii) the claims and other
legal contentions are warranted by existing law or by a nonfrivolous argument for extending,
modifying, or reversing existing law or for establishing new law; and (iii) the factual contentions
have evidentiary support or, if specifically so identified, will likely have evidentiary support after
a reasonable opportunity for further investigation or discovery. The Arbitrator shall be
authorized to afford any relief or impose any sanctions available under Federal Rule of Civil
Procedure 11 or any applicable state law for either party’s violation of this requirement.

(e) Location.
Unless you and Uber otherwise agree, if you reside in the United States, the arbitration will be
conducted in the county where you reside. If you do not reside in the United States, the
arbitration will be conducted in the county where the dispute arises. Your right to a hearing will
be determined by the applicable arbitration provider’s rules. Subject to the applicable arbitration
provider’s rules, the Arbitrator will have the discretion to direct a reasonable exchange of
information by the parties, consistent with the expedited nature of the arbitration.

(f) Offers of Judgment.

At least 10 days before the date set for the arbitration hearing, any party may serve an offer in
writing upon the other party to allow judgment on specified terms. If the offer is accepted, the
offer with proof of acceptance shall be submitted to the arbitrator, who shall enter judgment
accordingly. If the offer is not accepted prior to the arbitration hearing or within 30 days after it
is made, whichever occurs first, it shall be deemed withdrawn, and cannot be given in evidence
upon the arbitration. If an offer made by one party is not accepted by the other party, and the
other party fails to obtain a more favorable award, the other party shall not recover their post-
offer costs and shall pay the offering party’s costs from the time of the offer.

(g) Arbitrator’s Decision.

The Arbitrator will render an award within the time frame specified in the applicable arbitration
provider’s rules. Judgment on the arbitration award may be entered in any court of competent
jurisdiction. The Arbitrator may award declaratory or injunctive relief only in favor of the
claimant and only to the extent necessary to provide relief warranted by the claimant’s individual
claim. An Arbitrator’s decision shall be final and binding on all parties.

The Arbitrator is not bound by decisions reached in separate arbitrations, and the Arbitrator’s
decision shall be binding only upon the parties to the arbitration that are the subject of
the decision.

The Arbitrator shall award reasonable costs incurred in the arbitration to the prevailing party in
accordance with the law(s) of the state in which arbitration is held.

(h) Fees.

With the exception of the provisions governing payment of arbitration costs set forth above, your
responsibility to pay any filing, administrative, and arbitrator fees will be solely as set forth in
the applicable arbitration provider’s rules and shall be up to the amount you would be required to
pay if you filed a claim in court.

If you have a gross monthly income of less than 300% of the federal poverty guidelines, you are
entitled to a waiver of arbitration fees and costs, exclusive of arbitrator fees. If you believe that
you meet the requirements to obtain a fee waiver, and your demand for arbitration arises outside
of California, then you may request a fee waiver only by submitting to the arbitration provider
AO 240, Application to Proceed in District Court Without Prepaying Fees or Costs (found here),
or a declaration under oath containing all the information required by AO 240; if your demand
for arbitration arises in California, then you must submit a declaration under oath providing your
monthly income and the number of persons in your household.

Any and all disputes regarding a party’s obligation to pay any arbitration fees or costs that arise
after an arbitrator is appointed shall be determined solely by the arbitrator. If such a dispute
arises before an arbitrator has been appointed, and if no Special Master has been requested by
either party pursuant to Section 2(a)(3)(c)(i) of these Terms, the parties agree that (i) the due date
for any disputed fees shall be stayed pending resolution of the parties’ dispute, (ii) a panel of
three arbitrators shall be appointed to resolve the parties’ dispute concerning a party’s obligation
to pay fees or costs of arbitration, (iii) the panel of arbitrators shall be appointed by each party
selecting one arbitrator from the arbitration provider’s roster to serve as neutral arbitrators, and
these arbitrators shall appoint a third neutral arbitrator. If the parties’ arbitrators cannot agree on
a third arbitrator, the arbitration administrator will select the third arbitrator, (iv) Uber shall pay
any administrative fees or costs incidental to the appointment of a panel of arbitrators under this
provision, as well as any fees or costs that would not be incurred in a court proceeding, such as
payment of the fees of the arbitrator(s), as well as room rental, and (v) the arbitrator(s) shall issue
a written decision with findings of fact and conclusions of law. If two or more fee disputes
between a claimant and Uber arise at or around the same time, the disputes may be consolidated
for resolution by a single arbitrator or panel of arbitrators either at the agreement of the parties or
the election of the party common to all such disputes.

(i) Severability and Survival.

If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any
reason, (i) the unenforceable or unlawful provision shall be severed from these Terms; (ii)
severance of the unenforceable or unlawful provision shall have no impact whatsoever on the
remainder of the Arbitration Agreement or the parties’ ability to compel arbitration of any
remaining claims on an individual basis pursuant to the Arbitration Agreement; and (iii) to the
extent that any claims must therefore proceed on a class, collective, consolidated, or
representative basis, such claims must be litigated in a civil court of competent jurisdiction and
not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the
outcome of any individual claims in arbitration.

3. The Services

The Services enable you and other consumers to find, request, or receive (i) Third-Party Services
from third party service providers, including without limitation, merchants, retailers, grocers,
restaurants, independent drivers, delivery persons, and autonomous vehicles or autonomous
vehicle fleet providers (“Third-Party Providers”); (ii) related personalized content, including
features, recommendations and advertisements for products or services tailored to your needs
and interests; and (iii) certain supporting services, including providing you the ability to express
certain preferences about the Third-Party Services or Third-Party Providers, payment processing
and customer support. Unless otherwise agreed by Uber in a separate written agreement with
you, these Services are made available solely for your personal, noncommercial use.
Once you make a request, Uber notifies Third-Party Providers that an opportunity is available so
that the Third-Party Provider may complete your request. It is up to the Third-Party Provider to
decide whether or not to offer Third-Party Services to you or at all, and it is up to you to decide
whether or not to accept such services from a Third-Party Provider. Please note that once your
request for the Services has begun, you may no longer have the option to reschedule or cancel. If
Uber is able to reschedule or cancel your request, you may be charged a fee and/or may not be
refunded for items that have been purchased on your behalf.

UBER IS NOT A COMMON OR MOTOR CARRIER AND DOES NOT TRANSPORT

PASSENGERS OR GOODS. GENERALLY, THE SERVICES ARE ONLY OPEN TO
REGISTERED USERS OF THE SERVICES AND NOT TO THE GENERAL PUBLIC. YOUR
ABILITY TO REQUEST, AND IF APPLICABLE, OBTAIN THIRD-PARTY SERVICES
FROM THIRD-PARTY PROVIDERS IN CONNECTION WITH THE USE OF THE
SERVICES DOES NOT ESTABLISH UBER AS A PROVIDER OF ANYTHING OTHER
THAN THE SERVICES. THIRD-PARTY PROVIDERS ARE INDEPENDENT AND NOT
ACTUAL AGENTS, APPARENT AGENTS, OSTENSIBLE AGENTS, OR EMPLOYEES OF
UBER IN ANY WAY. ANY EFFORT, FEATURE, PROCESS, POLICY, STANDARD, OR
OTHER EFFORT UNDERTAKEN BY UBER TO FACILITATE YOUR RECEIPT OF THIRD
PARTY SERVICES OR IN THE INTEREST OF SAFETY OR SECURITY (WHETHER
REQUIRED BY APPLICABLE REGULATIONS OR NOT) IS NOT AN INDICIA OF AN
EMPLOYMENT, ACTUAL AGENCY, APPARENT AGENCY, OR OSTENSIBLE AGENCY
RELATIONSHIP WITH A THIRD-PARTY PROVIDER.

App Stores.

The availability of the Services may be dependent on the third-party from which you received
the license to the Uber App, e.g., the Apple iPhone or Android app stores (“App Store”). These
Terms are between you and Uber and not with the App Store and Uber is responsible for the
provision of Services as described in these Terms. However, if you downloaded the Uber App
from the Apple App Store, Apple and its subsidiaries are third-party beneficiaries of these
Terms. Upon your acceptance of these Terms, Apple shall have the right (and will be deemed to
have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
These Terms incorporate by reference Apple’s Licensed Application End User License
Agreement, for purposes of which, you are the “end-user.” In the event of a conflict in the terms
of the Licensed Application End User License Agreement and these Terms, these Terms
will control.

Ownership; License; and Restrictions.

The Services and all rights, title, and interest, including all related intellectual property rights
therein are and shall remain Uber’s property or the property of Uber’s licensors. These Terms are
not a sale and do not convey or grant to you any rights in or related to the Services, or any
intellectual property rights owned by Uber or its licensors, except for the limited license
granted herein.
Subject to your compliance with these Terms, Uber grants you a limited, non-exclusive, non-
sublicensable, revocable, non-transferable license to: (i) access and use the Uber App solely in
connection with your use of the Services on your personal device; and (ii) access and use any
content, information and related materials that may be made available through the Services, in
each case solely for your personal, noncommercial use. Any rights not expressly granted herein
are reserved by Uber and Uber’s licensors. You agree that you will not use Uber’s copyrights,
trademarks, service marks, or trade dress, aside from use incidental to your use of the Services,
without express, written permission from Uber. This prohibition includes use in domain names,
websites, and social media accounts. You may not: (i) remove any copyright, trademark or other
proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative
works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly
perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly
permitted by Uber; (iii) decompile, reverse engineer or disassemble the Services except as may
be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v)
cause or launch any programs or scripts for the purpose of, or which result in, unduly burdening
or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to
gain unauthorized access to or impair any aspect of the Services or its related systems
or networks.

4. Third-Party Services (including Autonomous Vehicles) and Content

While many Third-Party Services are available in the Uber App, certain Third-Party Services or
content are only accessible by exiting the Uber App (“Out-of-App Experiences”). Once you click
on a link to access Out-of-App Experiences, you will be subject to the terms and conditions and
privacy policy of that website, destination, or Out-of-App Experience provider, which are
different from Uber’s. Uber will not warn you that you have left the Services or that you are
subject to the terms and conditions (including privacy policies) of another website, destination,
or Out-of-App Experience provider. You use all links in third-party websites and advertisements
at your own risk as these are not part of the Services and are not controlled by Uber. Uber does
not endorse such Out-of-App Experience providers and in no event shall Uber be responsible or
liable for any products or services of such providers.

Third-Party Services made available to you through the Uber App may be provided by an
autonomous vehicle. An autonomous vehicle is a vehicle that is capable of operating at, or is
equipped with an automated driving system that will enable the vehicle to operate at SAE Levels
3, 4 or 5 of driving automation as defined in the J3016 April 2021 SAE International
specification (“Autonomous Vehicle” or “AV”). Autonomous Vehicles are operated by Third-
Party Providers that operate a fleet of one or more AVs and may employ or contract with
individuals to manage, monitor, or operate its AVs while such vehicles are in motion (such
Third-Party Providers, "Autonomous Vehicle Fleet Providers"). Your access to Third-Party
Services provided by AV may be subject to Autonomous Vehicle Fleet Providers' terms
including Waymo’s Terms of Service, which are incorporated herein by reference.

Third-Party Services may be subject to additional terms, conditions, fees, and policies imposed
by the Third-Party Provider. In the event of a conflict in the terms of any Third-Party Services
and these Terms, these Terms shall control with respect to Uber and your agreements with Uber
herein, and the limitations of liability set forth in Section 8 shall also apply to claims involving a
Third-Party Provider. The Arbitration Agreement provisions in Section 2 above shall apply
instead of the terms of any Third-Party Services for all purposes except with respect to claims
that are solely against the Third-Party Provider.

5. Accessing the Services

User Accounts.

In order to use most aspects of the Services, you must register for and maintain an active
personal user Services account (“Account”). Unless a specific Service provides otherwise: (i)
you must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different
than 18), to obtain an Account, (ii) you may only possess one Account and (iii) you may not
assign or otherwise transfer your Account to any other person or entity. Uber maintains the right
to delete or deactivate duplicate accounts. You are responsible for all activity that occurs under
your Account, and you agree to maintain the security and secrecy of your Account credentials at
all times.

You cannot register for or maintain an Account if you have previously been banned from
accessing or using the Services. Account registration may require you to submit to Uber certain
personal information, such as your name, address, still or live photo, mobile phone number and
age, as well as at least one valid payment method that you are authorized to use and is supported
by Uber (“Account Information”). You are responsible for providing accurate Account
Information and in certain instances, you may be asked to provide proof of age, identity or other
method of identity verification to access or use the Services. You may be denied access to, or use
of, the Services if you refuse to provide (or we are unable to verify) proof of age, identity, or
other method of identity verification. Additionally, you authorize your wireless carrier to use or
disclose information about your account and your wireless device, if available, to Uber or its
service providers for the duration of your business relationship, solely to help Uber identify you
or your wireless device and to prevent fraud.

Uber also disable or delete your account if after registration your account is not confirmed
(where applicable), your account is unused and remains inactive for an extended period of time,
if we detect someone may have used it without your permission and we are unable to confirm
your ownership of the account, or where we are required to do so under applicable law. To the
maximum extent permitted by applicable law, Uber and its affiliates assume no liability for such
loss of access and use and will have no obligations related to such loss. If you discontinue your
use of Uber, or we disable your access to or use of the Services, these Supplemental Terms shall
terminate as an agreement between you and us with respect to those Services, but certain sections
will survive termination as provided herein.

For more information regarding Uber’s use of your personal information, please see our
Privacy Notice.

Minors.
You may not authorize third-parties to use your Account, and you may not allow persons under
the age of 18 to use the Services unless they are accompanied by you or an adult. However, we
may offer parents and guardians the ability to create Accounts for their children. If you are a
parent or legal guardian, and you allow your child to use the Services, then these Terms apply to
you and you are responsible for your child’s activity on the Services. If you are under the age to
obtain an Account, you must have your parent or legal guardian’s permission to use an Account
and accept any additional terms required in connection with your access and use of the Services
as a minor. Please have your parent or legal guardian read these additional terms with you.
Please note: if there is an incident involving minors, in addition to any mandatory reporting
obligations, Uber may also proactively report incidents to the applicable authorities.

Network Access and Devices.

You are responsible for obtaining the data network access necessary to use the Services. Your
mobile network's data and messaging rates and fees may apply if you access or use the Services
from your device. You are responsible for acquiring and updating compatible hardware or
devices necessary to access and use the Services and any updates thereto. Uber does not
guarantee that the Services, or any portion thereof, will function on any particular hardware or
devices. In addition, the Services may be subject to malfunctions and delays inherent in the use
of the Internet and electronic communications. Uber is not responsible for any resulting delays,
delivery failures, or damage, loss, injury or death.

6. User Conduct and Requirements; Communications; and User Content

User Conduct and Requirements.

In addition to complying with these Terms, you agree to comply with all applicable laws when
accessing or using the Services, and you may only access or use the Services for lawful purposes.
You may not access or use the Services to cause nuisance, annoyance, inconvenience, damage,
or loss to Uber, the Third-Party Provider, or any other party.

If you request a ride option with a child restraint system, neither Uber nor the Third-Party
Provider is responsible for the safety of a child restraint system that may be available in the
Third-Party Provider’s vehicle. It is your obligation to ensure that the child restraint system is
installed correctly and that the child is properly secured in the child restraint system. Please refer
to your state’s laws regarding specific height, age, and weight requirements for using child
restraint systems, as well as Uber’s policies for child restraint systems, which may be set forth on
city-specific web pages. If you request a ride option where a Third-Party Provider agrees to
provide you with assistance outside of the vehicle (e.g., Uber Assist), Uber is not responsible for
any injury, death or incident that may arise out of the assistance provided by the Third-
Party Provider.

Subject to the discretion of a Third-Party Provider, you may be allowed to bring a small animal,
such as a dog or cat, on a ride requested through the Services. For such trips, you are responsible
for properly securing the animal with a leash, harness, crate / carrier, or through other means.
You are also responsible for ensuring that the animal does not cause damage or a mess in the
Third-Party Provider’s vehicle. You may be subject to a Charge for Repair or Cleaning under
Section 6 below for any damage or mess caused by an animal that is transported during a ride
requested under your Account. Please note, in accordance with Uber’s policies on Service
Animals and Assistive Devices, Service Animals are generally permitted to accompany riders
without extra charge, regardless of whether it is a Pet Friendly Trip.

For the purpose of assisting us with our compliance and insurance obligations, you agree to
notify us within 24 hours and provide us with all reasonable information relating to any incident
or accident that occurs during your use of the Services and you agree to cooperate with any
investigation and attempted resolution of such incident.

Communications with Uber.

By creating an Account, you electronically agree to accept and receive communications from
Uber, Third-Party Providers or third parties providing services to Uber including via email, text
message, WhatsApp, calls, in-app communications, and push notifications to the telephone
number(s) or email addresses you provided to Uber. You may also receive communications
generated by automatic telephone dialing systems and/or which will deliver prerecorded or
automated messages sent by or on behalf of Uber, and/or Third-Party Providers, including but
not limited to communications concerning requests placed through your Account on the
Services. Message and data rates may apply. You can learn more about how Uber may contact
you by reading our Privacy Notice.

You may change your notification preferences by accessing Settings in your Account. To opt out
of receiving text messages from Uber, you must reply “STOP” from the mobile device receiving
the messages. Text messages between you and Third-Party Providers are transactional text
messages, not promotional text messages. You acknowledge that opting out of receiving all
communications may impact your use of the Services. Notwithstanding the foregoing, if we
suspect fraud or unlawful activity on your Account, Uber may contact you using any of the
contact information you provided in connection with your Account (including via text or voice-
recorded message).

Use of Accounts Owned by Others.

In the event you use an Uber product or service that enables use of or billing to another person or
business, certain information will be shared with that party. This may include information
regarding the time and date of services you request, the transportation, logistics and/or delivery
requested, and the associated charges for such services. If used to request transportation, we may
also share information with such person or business regarding safety-related incidents that occur
in connection with such transportation. You acknowledge that such data sharing is a condition of
use of any such Uber product or service.

User Provided Content; Feedback.

Content that you provide to Uber is governed by Uber’s Generated Content Terms, which are
incorporated in these Terms by reference. Feedback that you provide to Uber is governed by
Uber’s Feedback Policy, which are incorporated in these Terms by reference.

7. Payment

Prices & Charges.

Your use of the Services may result in charges to you for the services or goods you receive from
Uber and/or from Third-Party Providers (“Charges”). Prices displayed to you when purchasing
goods through the Services may be inclusive of retail prices charged by the Third-Party Provider
and fees paid to Uber. Uber will enable your payment of the applicable Charges for services or
goods obtained through your use of the Services. Charges will include applicable taxes where
required by law. Charges may include other applicable fees such as delivery fees, service fees,
product return fees, cancellation fees, government-mandated fees (such as bag fees), estimated or
actual tolls, and/or surcharges. Further, Charges applicable in certain geographical areas may
increase substantially during times of high demand or due to other marketplace factors.

With respect to Third-Party Providers, Charges you incur will be owed directly to Third-Party
Providers, and Uber will collect payment of those charges from you, on the Third-Party
Provider’s behalf as their limited payment collection agent, and payment of the Charges shall be
considered the same as payment made directly by you to the Third-Party Provider. Payment to a
Third-Party Provider of goods or services shall be considered to occur at the moment you submit
payment through Uber. You retain the right to request lower Charges from a Third-Party
Provider for services or goods received by you from such Third-Party Provider at the time you
receive such services or goods. A Third-Party Provider also retains the right to request higher
Charges from you for services or goods provided. For example, a Third-Party Provider that is a
merchant may collect lower or higher charges where the actual goods provided differ from the
products originally requested, including in connection with differences in quantity, weight, or
item type. Subject to requests from you to lower such Charges from a Third-Party Provider, you
agree to pay such higher or lower Charges associated with such product differences. Uber will
consider in good faith any request from a Third-Party Provider to modify the Charges for a
particular service or good. This payment structure is intended to fully compensate a Third-Party
Provider, if applicable, for the services or goods obtained in connection with your use of
the Services.

There also may be certain Charges you incur that will be owed and paid directly to Uber or its
affiliates. For the avoidance of doubt, Uber does not charge a fee for you to access the Uber App,
but may charge you a fee or any other Charge for accessing Third-Party Services. Even if not
indicated in the Uber App, the prices for product or menu items displayed through the Services
may differ from the prices offered or published by Third-Party Providers for the same product or
menu items, including as may be offered or published at a physical location operated by a Third-
Party Provider, and/or from prices available at other third-party websites/mobile applications.
Prices for product or menu items displayed through the Services may not be the lowest prices at
which the product or menu items are sold. The product or menu item prices displayed through
the Services or fees charged by and paid to Uber may vary based on whether you choose to pick
up your order or have it delivered.

When you add a payment method to your account, you authorize us and our payment service
providers to collect and store your payment method information. Any payment method added by
you will be automatically saved to your Uber wallet. You can add multiple payment methods to
your wallet, and you agree that Uber may charge any of these payment methods for any future
transactions or Charges. Your default payment method is identified in your profile page within
the Uber wallet. If your default payment method is expired, invalid or otherwise not able to be
charged, you agree that Uber may charge any other available payment method saved in your
wallet. You can change your default payment method at any time.

If your payment method’s account information changes (e.g., account number, routing number,
expiration date) as a result of re-issuance, expiration or otherwise, we may automatically update
your payment method on file, in accordance with applicable law, if we acquire that information
from our financial services partners or your bank. We reserve the right to decline, refuse or limit
the use of any payment methods that we believe may be unauthorized, fraudulent or illegal or
may violate our policies or procedures or otherwise expose Uber to an unacceptable level of risk.

When you pay for any Charges using your bank account as your selected payment method, you
authorize us to debit your bank account for the total cost of all Charges, including any applicable
taxes and fees. You also authorize us to further debit or credit your bank account to correct any
erroneous debits, make adjustments to your payment, or issue a refund back to your bank
account. Your bank account must be able to accept debits denominated in USD.

Certain payment methods may involve the use of third-party payment service providers not
affiliated with Uber. You may be subject to additional fees imposed by these payment service
providers in connection with processing your payment. Uber is not responsible for any of these
fees and disclaims all liability for such fees. You should review the payment service provider’s
terms of use before using such payment method.

As between you and Uber, Uber reserves the right to establish or adjust Charges for any or all
services or goods obtained through the use of the Services at any time. Uber will use reasonable
efforts to inform you of Charges that may apply, provided that you will be responsible for
Charges incurred under your Account regardless of your awareness of such Charges or the
amounts thereof.

Refunds.

Charges paid by you are final and non-refundable, unless otherwise determined by Uber and the
Third-Party Provider assessing the Charge. If you have any requests for cancellations, refunds, or
returns, or if you think a correction should be made to any Charge you incurred, please visit the
“Help” tab in your Account to initiate such requests within 30 days after the Charge took place
or Uber will have no further responsibility and you waive your right to later dispute the
amounts charged.
Promotional Offers.

Certain users may, from time to time, receive promotional offers and discounts that result in
different amounts charged for the same or similar services or goods obtained through the use of
the Services, and you agree that such promotional offers and discounts, unless also made
available to you, shall have no bearing on your use of the Services or the Charges applied to you.
Promotional offers and discounts are subject to change or withdrawal at any time and
without notice.

Gratuity.

Except for amounts provided by you through the Services as part of the “tip” feature, Uber does
not designate any portion of your payment as a tip or gratuity to a Third-Party Provider. You
understand and agree that, while you are free to provide additional payment as a gratuity to any
Third-Party Provider who provides you with services or goods obtained through the Service, you
are under no obligation to do so.

Damage, Cleaning, Lost and Found, and Charges for Violation of Terms.

Uber may charge you a fee on behalf of Third-Party Providers if, during your use of the Services,
you have caused damage to a vehicle or property that requires repair or cleaning (“Repair” or
“Cleaning”). The amount of such fee shall be determined, in Uber’s sole discretion, based on the
type of damage and the severity. Uber reserves the right to verify or otherwise require
documentation of damages prior to processing a fee. In the event that a Repair or Cleaning
request is verified by Uber in Uber’s reasonable discretion, Uber reserves the right to facilitate
payment for the reasonable cost of such Repair or Cleaning using your payment method
designated in your Account. Such amounts, as well as those pertaining to lost and found goods,
will be transferred by Uber to a Third-Party Provider, if applicable, and are non-refundable.
Additionally, if you fail to comply with these Terms, you may be responsible for Charges,
including without limitation, for transactions that could not be completed properly, arising out of
or in connection with your failure to comply with these Terms.

SNAP/EBT Terms and Conditions.

You may be able to pay for certain SNAP Eligible Items (defined below) offered by certain
Merchants, with an electronic balance-transfer (“EBT”) card issued by the U.S. Department of
Agriculture (“USDA”), under its Supplemental Nutrition Assistance Program (“SNAP”). “SNAP
Eligible Items” means certain Items eligible under SNAP for purchase with EBT, as determined
by USDA. Further details on SNAP Eligible Items are available on the USDA website.

At this time, SNAP Eligible Items are not available in Puerto Rico, and may not be available for
purchase through certain methods, including as add-on items to orders you have placed with
other merchants.
To utilize EBT for SNAP Eligible Items, you must connect your valid EBT card to your
Account. Only one EBT card may be linked to an Account at any time. At this time, Uber does
not accept EBT cash.

By saving your EBT card to your Account, you authorize Uber, its affiliates, and its third-party
contractors to store your EBT card and its details to enable you to make future purchases for
SNAP Eligible Items.

In addition to such EBT card, you must add another payment method to your account to pay for
costs that may not be paid by EBT, including SNAP Eligible Items that you prefer to pay for by
other means, non-SNAP Eligible Items, delivery fees, service fees, return fees, cancellation fees,
government-mandated fees (such as bag fees), non-exempt taxes (including taxes on fees, sales
taxes on SNAP Eligible Items paid on methods other than an EBT card, and sales taxes on non-
SNAP Eligible Items), estimated or actual tolls, and/or surcharges.

You represent and warrant that you are authorized to use the EBT card provided.

If Uber and its affiliates cannot verify your authorization to use such EBT card, or otherwise
determines that your use of such EBT card is invalid, fraudulent, or otherwise unauthorized,
Uber and its affiliates may refuse to process your EBT card and may remove the same from
your Account.

Your ability to use EBT with certain merchants may depend on the eligibility of such merchants
to receive EBT for SNAP Eligible Items. Uber makes no guarantee as to the availability of
SNAP Eligible Items or a merchant's eligibility to receive EBT for SNAP Eligible Items.

Gifting

You may purchase certain items from our Third-Party Providers that can be delivered as gifts to
family, friends or other individuals (“Recipients”). You can personalize your gift by including a
digital gift card, gift message or recording a video message. Any gift messages or video
messages must comply with and are subject to Uber’s Community Guidelines. If you purchase a
gift, you must provide the Recipient’s name and mobile phone number at the time of purchase.
We will use the mobile number to send a package-tracking text message to the Recipient with
order details and delivery updates. You represent that you have obtained consent from the
Recipient to share any information about the Recipient that you provide to Uber including name,
address, phone number, and any other personal information. You can elect to schedule the
delivery of the gift at the time of purchase on behalf of the Recipient or you may allow the
Recipient to schedule delivery. If you are allowing Recipient to schedule delivery, Recipient
must schedule such delivery for a date no later than seven days following the date of purchase
(“Redemption Period”). In order for a Recipient to schedule the delivery and redeem a gift
purchase, the Recipient must have an active Account. If the Recipient does not have an active
Account with Uber, Recipient will be required to open an Account to schedule the delivery. If
delivery to Recipient is scheduled by you, the Recipient is not required to have an Account.
Fulfillment of the order must take place before 11:59pm PST on the sixth day of the Redemption
Period (“Redemption Deadline”). If the order is not redeemed by the Redemption Deadline, the
order will be canceled and the sender will be refunded for the full value of the gift, including all
service fees, taxes and any tip. If a selected item is unavailable or otherwise cannot be delivered
to the Recipient, the Recipient will receive a gift credit in the form of Uber Cash for the value of
the gift plus applicable fees and taxes. Gift orders cannot be canceled by you once placed.

If your gift order contains alcohol, the Recipient will be asked to show a government-issued
photo ID when the delivery arrives. You may not send alcohol to Recipients unless they are of
the legal age to buy alcohol or older. Alcohol orders cannot be left unattended or left at the
Recipient’s door. If Recipient is not present to accept the order at the scheduled delivery time,
cannot provide valid ID, is under the legal age the buy alcohol, or is too intoxicated to accept the
order, the alcohol portion of the order will not be delivered and will be returned to the seller and
a return fee will be assessed. In the event an alcohol order cannot be delivered to the Recipient,
the Recipient will receive a gift credit in the form of Uber Cash for the value of the alcohol
portion of the order less the return fee. You may not place an order for alcohol to be delivered to
areas where delivery, possession or consumption of alcohol is prohibited by law.

8. Disclaimers; Limitation of Liability; and Indemnity

Disclaimers.

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” UBER DISCLAIMS
ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY,
NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT. IN ADDITION, UBER MAKES NO REPRESENTATION,
WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS,
QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES
OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE
SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

UBER DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY

OF THIRD-PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT
OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED OR
OBTAINED FROM THIRD-PARTY PROVIDERS IN CONNECTION THEREWITH,
REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER
APPLICABLE LAW.

UBER DOES NOT CONTROL, MANAGE OR DIRECT ANY THIRD-PARTY PROVIDERS.

THIRD-PARTY PROVIDERS ARE NOT ACTUAL AGENTS, APPARENT AGENTS,
OSTENSIBLE AGENTS, OR EMPLOYEES OF UBER. IF A DISPUTE ARISES BETWEEN
YOU AND OR ANY OTHER THIRD PARTY, YOU RELEASE UBER FROM LOSSES OF
EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND
UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY
WAY CONNECTED WITH SUCH DISPUTES.
UBER DOES NOT CONTROL, ENDORSE OR TAKE RESPONSIBILITY FOR ANY USER
CONTENT OR THIRD-PARTY CONTENT AVAILABLE ON OR LINKED TO BY THE
SERVICES. UBER CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE
SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

UBER’S USE OF ALGORITHMS IN AN ATTEMPT TO PROVIDE SERVICES OR

IMPROVE THE EXPERIENCE OF USERS AND THE SECURITY AND SAFETY OF THE
SERVICES DOES NOT CONSTITUTE A GUARANTEE OR WARRANTY OF ANY KIND,
EXPRESSED OR IMPLIED.

Limitation of Liability.

UBER SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY,

PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST
DATA, PERSONAL INJURY OR DEATH, OR PROPERTY DAMAGE RELATED TO, IN
CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE
SERVICES, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE,
SOLE, OR CONCURRENT) OF UBER, EVEN IF UBER HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.

UBER SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING
OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY
TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP
BETWEEN YOU AND ANY THIRD-PARTY PROVIDER, EVEN IF UBER HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UBER SHALL NOT BE LIABLE
FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND
UBER'S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD-PARTY
PROVIDERS PROVIDING TRANSPORTATION SERVICES REQUESTED THROUGH
SOME UBER SERVICES MAY OFFER RIDESHARING OR PEER-TO-PEER
TRANSPORTATION SERVICES AND MAY NOT BE PROFESSIONALLY LICENSED OR
PERMITTED. YOU ACKNOWLEDGE THAT THIRD-PARTY PROVIDERS ARE NOT
OSTENSIBLE AGENTS, APPARENT AGENTS, ACTUAL AGENTS, OR EMPLOYEES
OF UBER.

THE SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE

TRANSPORTATION, GOODS, OR LOGISTICS SERVICES WITH THIRD-PARTY
PROVIDERS, BUT YOU AGREE THAT UBER HAS NO RESPONSIBILITY OR LIABILITY
TO YOU RELATED TO ANY TRANSPORTATION, GOODS OR LOGISTICS SERVICES
PROVIDED TO OR NOT PROVIDED TO YOU BY THIRD-PARTY PROVIDERS OTHER
THAN AS EXPRESSLY SET FORTH IN THESE TERMS.

UBER SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING
OUT OF LACK OF OR IMPROPER INSTALLATION OR USE OF CHILD RESTRAINT
SYSTEMS FOR GUESTS ON RIDES REQUESTED THROUGH THE SERVICES FOR
WHOM A CHILD RESTRAINT SYSTEM IS LEGALLY REQUIRED.
THE LIMITATIONS AND DISCLAIMERS IN THIS SECTION DO NOT PURPORT TO
LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE
EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR
JURISDICTIONS, UBER’S LIABILITY SHALL BE LIMITED TO THE EXTENT
PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON UBER’S
CHOICE OF LAW PROVISION SET FORTH BELOW.

Indemnity.

You agree to indemnify and hold Uber and its affiliates and their officers, directors, employees,
and agents harmless from and against any and all actions, claims, demands, losses, liabilities,
costs, damages, and expenses (including attorneys’ fees), arising out of or in connection with: (i)
your use of the Services or services or goods obtained through your use of the Services; (ii) your
breach or violation of any of these Terms; (iii) Uber's use of your User Content; or (iv) your
violation of the rights of any third party, including Third-Party Providers.

9. Other Provisions

Choice of Law.

These Terms shall be governed by and construed in accordance with the laws of the state in
which your dispute arises, without regard to the choice or conflict of law principles of any
jurisdiction, except as may be otherwise provided in the Arbitration Agreement in Section 2
above or in Supplemental Terms applicable to your region. This Choice of Law provision applies
only to the interpretation of these Terms, and these provisions shall not be interpreted as
generally extending any state’s law to you if your dispute did not arise in that state.

Any dispute, claim, or controversy arising out of or relating to incidents or accidents resulting in
personal injury or death (including but not limited to sexual assault or harassment claims) that
you allege occurred in connection with your use of the Services, whether before or after the date
you agreed to these Terms, shall be governed by and construed in accordance with the laws of
the state in which the incident or accident occurred.

Choice of Forum.

Any dispute, claim, or controversy arising out of or relating to these Terms or the existence,
breach, termination, enforcement, interpretation or validity thereof, shall be brought exclusively
in the state or federal courts of the state in which the dispute, claim or controversy arose,
notwithstanding that other courts may have jurisdiction over the parties and subject matter,
except as may be otherwise provided by the Arbitration Agreement above or in Supplemental
Terms applicable to your region.

Notwithstanding the foregoing, any dispute, claim, or controversy arising out of or relating to
incidents or accidents resulting in personal injury (including but not limited to sexual assault or
harassment claims) that you allege occurred in connection with your use of the Services, whether
before or after the date you agreed to these Terms, shall be brought exclusively in the state or
federal courts in the state in which the incident or accident occurred, notwithstanding that other
courts may have jurisdiction over the parties and subject matter, and except as may be otherwise
provided in the Arbitration Agreement in Section 2 or in Supplemental Terms applicable to your
region, to the extent permitted by law.

The foregoing Choice of Law and Choice of Forum provisions do not apply to the Arbitration
Agreement in Section 2, and we refer you to Section 2 for the applicable provisions for
such disputes.

Claims of Copyright and Trademark Infringement.

Claims of copyright and trademark infringement should be sent to Uber’s designated agent.
Please see Uber’s Copyright Policy or Trademark Policy for the designated address and
additional information.

Notice.

Uber may give notice by means of a general notice on or through the Services, electronic mail to
the email address associated with your Account, telephone or text message to any phone number
provided in connection with your Account, or by written communication sent by first class mail
or pre-paid post to any address connected with your Account. Such notice shall be deemed to
have been given upon the expiration of 48 hours after mailing or posting (if sent by first class
mail or pre-paid post) or at the time of sending (if sent by email, telephone, or on or through the
Services). Notwithstanding the foregoing, notice of any modifications to these Terms shall be
effective upon posting an updated version of these Terms on Uber’s website or through the
Services. You may give notice to Uber, with such notice deemed given when received by Uber,
at any time by first class mail or pre-paid post to our registered agent for service of process, c/o
Uber Technologies, Inc. The name and current contact information for the registered agent in
each state are available online at
[Link] If another provision
of these Terms addresses any specific notice (for example, notice of updates to these Terms, or
notice of a dispute or arbitration demand), those specific notice provisions shall prevail to the
extent there is any conflict or inconsistency between those provisions and this notice provision.

General.

You may not assign these Terms without Uber’s prior written approval. Uber may assign these
Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of Uber's equity,
business or assets; or (iii) a successor by merger. Any purported assignment by you in violation
of this Section shall be void. No joint venture, partnership, employment, or agency relationship
exists between you, Uber, any Third-Party Provider, or any Out-of-App Experience Provider as a
result of these Terms or use of the Services. If any provision of these Terms is held to be invalid
or unenforceable, such provision shall be struck and the remaining provisions shall be enforced
to the fullest extent under law. Uber's failure to enforce any right or provision in these Terms
shall not constitute a waiver of such right or provision unless acknowledged and agreed to by
Uber in writing. This provision shall not affect the Severability and Survivability section of the
Arbitration Agreement of these Terms.